B-212470, AUG 8, 1983

B-212470: Aug 8, 1983

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DIGEST: GAO WILL NOT CONSIDER A PROTEST CONCERNING A SOLICITATION'S SMALL BUSINESS SIZE STANDARD SINCE THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY OVER THE MATTER. WHOSE OFFER WAS REJECTED BECAUSE THE SMALL BUSINESS ADMINISTRATION FOUND THAT THE FIRM DOES NOT MEET THE STANDARD. ARGUES THAT THE ARMY SHOULD HAVE USED A DIFFERENT MEASURE OF SMALL BUSINESS SIZE. THE DETERMINATION OF THE APPROPRIATE SMALL BUSINESS SIZE STANDARD FOR INCLUSION IN A SOLICITATION IS FOR THE CONTRACTING OFFICER WITH RIGHT OF APPEAL BY A DISAFFECTED PARTY. THE PROTEST IS DISMISSED.

B-212470, AUG 8, 1983

DIGEST: GAO WILL NOT CONSIDER A PROTEST CONCERNING A SOLICITATION'S SMALL BUSINESS SIZE STANDARD SINCE THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY OVER THE MATTER.

TECHNICAL PUBLICATIONS CONSULTANTS, INC.:

TECHNICAL PUBLICATIONS CONSULTANTS, INC. (TPC) PROTESTS THE SMALL BUSINESS SIZE STANDARD IN ARMY REQUEST FOR PROPOSALS NO. DAAJ09-83-R A219, A SMALL BUSINESS SET-ASIDE INVOLVING THE PREPARATION OF TECHNICAL PUBLICATIONS AND COMPLIMENTARY SERVICES. TPC, WHOSE OFFER WAS REJECTED BECAUSE THE SMALL BUSINESS ADMINISTRATION FOUND THAT THE FIRM DOES NOT MEET THE STANDARD, ARGUES THAT THE ARMY SHOULD HAVE USED A DIFFERENT MEASURE OF SMALL BUSINESS SIZE. WE DISMISS THE PROTEST.

UNDER 15 U.S.C. SEC. 637(B)(6) (1976), THE SMALL BUSINESS ADMINISTRATION HAS EXCLUSIVE AUTHORITY TO DETERMINE SMALL BUSINESS SIZE STANDARDS FOR FEDERAL PROCUREMENT PURPOSES. SEE INTERNATIONAL LIMOUSINE SERVICE, INC., B-207136, AUGUST 26, 1982, 82-2 CPD 180. THE DETERMINATION OF THE APPROPRIATE SMALL BUSINESS SIZE STANDARD FOR INCLUSION IN A SOLICITATION IS FOR THE CONTRACTING OFFICER WITH RIGHT OF APPEAL BY A DISAFFECTED PARTY, BEFORE THE DEADLINE FOR SUBMITTING PROPOSALS, TO THE SMALL BUSINESS ADMINISTRATION SIZE APPEALS BOARD. 13 C.F.R. SECS. 121.3-8 AND 121.3-6 (1983).

THE PROTEST IS DISMISSED.

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